M/S New Shivrain Oil And Chemical Carriers v. M/S Bharat Petroleum Corporation Limited

sg arbp663-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.663 OF 2015 M/s. New Shivrain Oil & Chemical Carriers ....Petitioner vs M/s. Bharat Petroleum Corporation Ltd.

...Respondent

.....

Mr. L.B. Rai, i/b. Mr. R.R. Sharma, for the Petitioner. Mr. S.R. Page, for the Respondent.

......

CORAM : S.C. GUPTE, J.

DATED: 16 JANUARY, 2019 P.C.:

.

After the matter is heard at some length, it is agreed between learned Counsel for both parties that the arbitration petition may be disposed of by setting aside the impugned award and referring Claim Nos.1, 3 and 4 to a new arbitrator for a fresh hearing in accordance with law. The impugned award is, accordingly, set aside and by consent of parties, Dr. Abhinav Chandrachud, Advocate, is appointed as a Sole Arbitrator to adjudicate upon the disputes between the parties forming the subject matter of the present petition, i.e Claims 1, 3 and 4, subject to his consent and disclosure. The parties shall be entitled to proceed before the learned arbitrator on the same pleadings and evidence, with liberty, however, to tender such additional evidence as they may choose to do. All rights and contentions of the parties on merits are kept open. The petition is disposed of accordingly. ( S.C. GUPTE, J.) Pg 1 of 1